Facing a first time assault charge in Australia can be overwhelming, with serious legal consequences that may have a lasting impact on your life. Understanding the potential penalties and the legal process is crucial if you find yourself in this situation, and these can differ from state to state in Australia. In our article below, we will provide insights into what you can expect when dealing with a first time assault charge in Queensland.
What is Considered an Assault?
In Queensland, Section 245 of Criminal Code Act 1899 defines assault as any act in which an individual purposefully applies or threatens to apply any kind of force to another individual without the other individual’s consent. The Criminal Code Act 1899 addresses several types of physical assault, including common assault, assault occasioning bodily harm, serious assault, sexual assault, and grievous bodily harm. When wondering what the consequences for a first-time assault charge in Australia are, the type of assault charge will likely carry weight when determining the penalties.
Common Assault
Common assault is defined as the act of an individual unlawfully assaulting another person. Actions included in common assault can range from threatening to assault another individual, imposing physical force upon another person even if not causing bodily harm, spitting at another person, and much more. Despite being the least serious out of the different types of assault, penalties can be up to three years of imprisonment.
Assault Occasioning Bodily Harm
Section 339 of the Criminal Code Act 1899 defines assault occasioning bodily harm as assault against another person that results in the other individual experiencing bodily harm in any form. The maximum penalty is up to ten years imprisonment, even for a first offence.
Serious Assault
According to Section 340 of the Criminal Code Act 1899, the definition of serious assault is multifaceted.
Serious assault occurs when someone:
(a) assaults another with intent to commit a crime, or with intent to resist or prevent the lawful arrest or detention of himself or herself or of any other person; or (b) assaults, resists, or wilfully obstructs, a police officer while acting in the execution of the officer’s duty, or any person acting in aid of a police officer while so acting; or (c) unlawfully assaults any person while the person is performing a duty imposed on the person by law; or (d) assaults any person because the person has performed a duty imposed on the person by law; or (f) assaults any person in pursuance of any unlawful conspiracy respecting any manufacture, trade, business, or occupation, or respecting any person or persons concerned or employed in any manufacture, trade, business, or occupation, or the wages of any such person or persons; or (g) unlawfully assaults any person who is 60 years or more; or (h) unlawfully assaults any person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device
If the individual is charged with assaulting a police officer, the maximum offence is up to 14 years imprisonment. Otherwise, the maximum penalty is 7 years imprisonment.
Sexual Assault
Section 352 of the Criminal Code Act 1889 deals with sexual assault. Sexual assault involves performing an unwanted sexual act or indecent act on another person without their consent. This can include acts such as touching, exposure, or forcing someone to engage in or witness a sexual act. It is considered a severe offence, particularly if it involves oral contact or the presence of a weapon. The penalties for sexual assault can vary but can reach up to life imprisonment, especially in cases involving penetration or where a weapon is used. This offence is dealt with in the District Court and carries significant legal consequences.
Grievous Bodily Harm
Section 320 of the Criminal Code Act 1889 governs the offence of Grievous bodily harm (GBH). It is a serious offence that involves causing an injury that results in the loss of a distinct part or organ of the body, serious disfigurement, or an injury that endangers life or causes permanent injury to health. Examples of GBH include severe brain injuries or broken jaws. Even if the victim receives medical treatment and recovers, it is not a defence to argue that their life was no longer in danger after receiving treatment. The key difference between assault occasioning bodily harm and GBH is the severity of the injury. GBH carries a maximum penalty of 14 years imprisonment.
Will I Go to Jail for a First Time Assault Offence in Queensland?
Whether you will go to jail for a first time assault offence in Queensland depends on several factors, including the severity of the assault, any aggravating circumstances, and the discretion of the court. For common assault, the court may consider alternatives to imprisonment, such as fines, probation, or community service, especially if there are mitigating factors like a lack of prior criminal history. However, if the assault involved significant injury or aggravating factors, such as the use of a weapon, there is a higher likelihood of a custodial sentence. The outcome largely depends on the specific circumstances of the case and the court’s assessment of the offender’s behaviour and the impact on the victim.
What Are the Defences for Assault Charges in Queensland?
If you feel that you do not deserve the maximum penalties for your assault charge, there are some strategies that you can use to help your case. Typically, the defence can look to either provocation or self-defence.
- Provocation: Section 268 of the Criminal Code Act of 1899, states that provocation is when an individual incites or provokes what would be an ordinary person to lose self-control and causes them to act out aggressively or commit assault.
- Self-Defence: Self-defence is when an individual claims that they acted in order to protect or defend themselves or someone else:
- Section 271 of the Criminal Code Act of 1899: Section 271 states that if an individual is experiencing an unprovoked assault by another that they are allowed to use self-defence to prevent further bodily harm and defend themselves
- Section 272 of the Criminal Code Act of 1899: This section outlines that if an individual is experiencing a provoked assault by another person that the individual is allowed to use self-defence against someone if there is a reasonable belief that the use of self-defence will maintain preservation from death or bodily harm
- Section 273 of the Criminal Code Act of 1899: When an assault is happening to another individual, Section 273 says that you may aid in the defence of the individual being assaulted.
How Can Smith Cambridge Lawyers Help With First Time Assault Charges?
If you are facing a first time assault charge in Australia, it is essential to seek legal assistance as soon as possible. Our team at Smith Cambridge Lawyers are experienced Queensland criminal lawyers, and are well versed on what the consequences are and what you can do as a defendant. As experts in assault and violence charges, Smith Cambridge Lawyers can walk you through the court process and answer any questions you may have, and make sure you understand your rights and options. Smith Cambridge Lawyers also offers counsel related to drug charges, domestic violence charges, appeals, and bail applications. To schedule a consultation with one of our lawyers to discuss your situation, please contact us.
